Filming with a Remotely Piloted Aircraft (RPA) or drone

Scope of this Guidance Note

This guidance note is for anyone who proposes to use a Remotely Piloted Aircraft (RPAs) or drone[1] to collect content for ABC programs. Relevant sections of the Editorial Policies include Principle 6, Privacy; and Principle 5, Fair and honest dealing, particularly in relation to 5.8, Secret recording and other types of deception.

Mandatory referrals

The use of RPAs must be approved in advance by appropriately designated staff in each Division. The gathering and use of material recorded secretly by RPAs must be approved in advance by an appropriately senior ABC person designated for the purpose, and in consultation with ABC Legal.

The use of RPAs to gather content is becoming increasingly common, and a number of ABC programs and newsrooms have successfully used vision gathered in this way. This has been done through ABC staff operating small RPAs on international assignments; domestically, through the ABC contracting external commercial operators certified by the Civil Aviation Safety Authority (CASA); and through the ABC acquiring content recorded by third parties.

CASA regulations changed as of 29th September 2016, allowing the commercial use of sub-2kg drones without a licence. Although this means we can now use the technology, there are still stringent CASA regulations. Any employee flying on ABC business must have been through our internal training program and follow ABC protocols.

Larger RPA’s or filming in restricted airspace must still go to external contractors with the appropriate CASA licence who can apply for exemptions.

RPA technology offers a convenient and relatively low-cost aerial filming capacity. A number of ABC program areas have already acquired RPAs. Some of the situations that might be appropriate for using RPAs to collect vision are for covering:

Filming of pre-planned current affairs stories or documentaries.

large public events;

disaster zones such as floods, cyclones and fires (subject to additional restrictions);

civil unrest;

stories where ground-based access is too hazardous;

traffic stories;

non-arena sporting events;

stories that involve elements of investigative journalism;

stories or filming landscapes in regional areas;

searches for people lost on the coast or in the bush.

While there are some compelling reasons for using RPAs to gather content, these must be balanced against some critical issues. There are operating procedures and checklists that require staff who are proposing to use the devices to ensure that they comply with training, safety, legal and other obligations. This guidance note is focused on the particular editorial issues that might arise in the use of RPAs.

Issues to consider before using an RPA

If you are considering using an RPA to gather content, you should ask yourself the following questions, and satisfy yourself that using an RPA is the most appropriate way to collect the material.

Will the material you expect to collect using an RPA add benefit to the story that you could not otherwise get?

Is there a safer and simpler way to collect the material?

Is the story significant enough to warrant aerial intrusion with an RPA?

Are the people using the RPA appropriately trained?

Do you have approval to use the RPA from the appropriate designated ABC person?

Are you legally able to use the RPA in the area; that is, have you satisfied yourself that you will not break state-based privacy, trespass, and surveillance device laws? Are you aware that these laws vary from state to state?

Is the operation of an RPA likely to cause alarm or distress to third parties in the area being filmed (that is, people who are not the subject of the story) or invade their privacy?

Can you restrict the filming to public spaces, and avoid using vision that includes people unconnected with the story?

Key ABC Editorial Standards and Principles to consider before you use an RPA

The following sections of the guidance note look at the key issues of privacy, secret recording and user-generated content as they relate to RPAs. It includes relevant editorial standards and principles. Other editorial standards may also be relevant, depending on the specific circumstances applying in each case.

Privacy

From ABC Editorial Policies:

6. Privacy

Principles:

Privacy is necessary to human dignity and every person reasonably expects that his or her privacy will be respected. But privacy is not absolute. The ABC seeks to balance the public interest in respect for privacy with the public interest in disclosure of information and freedom of expression.

Standards:

6.1 Intrusion into a person’s private life without consent must be justified in the public interest and the extent of the intrusion must be limited to what is proportionate in the circumstances.

There is a range of legislation relating to privacy and trespass across Australia, and there is currently no uniform approach from governments, regulatory authorities or police forces to how they will treat media use of RPAs and the content they gather. Rapid technological advancement has outpaced legislators and regulators, and efforts to construct a legal framework around their use. But the Australian Law Reform Commission has been investigating the use of RPAs and has noted that there are legitimate uses of this technology in journalism.

The essential elements to remember are that RPAs should be used in public areas and not unnecessarily compromise the privacy of private citizens. Unlike other filming devices, RPAs have the capacity to go easily into areas that could compromise privacy or breach trespass laws. If you do record private citizens inadvertently, those images should be edited from the broadcast material. If you have any concerns about privacy issues, you should refer up and to ABC Legal, if necessary.

Secret recording

From ABC Editorial Policies:

5 Fair and honest dealing

Secret recording and other types of deception

5.8 Secret recording devices, misrepresentation or other types of deception must not be used to obtain or seek information, audio, pictures or an agreement to participate except where:

a justified in the public interest and the material cannot reasonably be obtained by any other means; or

b consent is obtained from the subject or identities are effectively obscured; or

c the deception is integral to an artistic work and the potential for harm is taken into consideration.

Mandatory referral

5.9 An appropriately senior ABC person designated for the purpose must approve in advance, having consulted ABC Legal, any proposal:

a to use secret recording during the production of content commissioned, produced or co-produced by the ABC; or

Key points to note are that it is mandatory to upwardly refer the proposed secret recording to an appropriately senior ABC person, who will consider the merits of the situation and obtain advice from ABC Legal. In the case of all divisions, the ‘appropriately senior ABC person’ will be the divisional director.

In considering the public importance of the material to be gathered, the senior ABC person will consider the editorial significance of the material likely to be gathered and the reasons why this material could not otherwise be reasonably obtained.

User-generated content

As with other user-generated content, material collected using an RPA by third parties should always be attributed as user-generated content. Where such content is to be incorporated into factual content, checks should be made to verify the accuracy of any factual material contained or presented within the content. If verification is not possible to the extent desired, usage should be referred to the most senior person in the division designated for the purpose. ABC staff should also ensure that the material offered was gathered according to the safety, privacy and legal obligations the ABC would apply to content it would gather itself with an RPA.

Status of Guidance Note

This Guidance Note, authorised by the Managing Director, is provided to assist interpretation of the Editorial Policies to which the Guidance Note relates. The Editorial Policies contain the standards enforceable under the ABC’s internal management processes and under the ABC’s complaints handling procedures.

It is expected the advice contained in Guidance Notes will normally be followed. In a given situation there may be good reasons to depart from the advice. This is permissible so long as the standards of the Editorial Policies are met. In such situations, the matter should ordinarily be referred upwards. Any mandatory referrals specified in Guidance Notes must be complied with.

[1] There is debate about the appropriate term to use to describe these devices, including discussion about the military connotations of the term “drone”. In this Guidance Note, they are referred to as Remotely Piloted Aircraft or RPAs.